It’s not uncommon for an encounter with the police to result in stress. Even if you’re detained briefly by the cops for a routine traffic stop such as a speeding ticket, you may feel angry and inconvenienced as the officer drives away — especially if the cop gave you a citation. Speeding tickets can be costly, and it’s normal to feel irritated when you get one. You might even make a certain negative hand gesture in the cop’s direction as a way of venting or making yourself feel a bit better. While most people might argue this isn’t advisable, a recent case has caused many people to … [Read more...]
Explaining The Sentencing of Paul Manafort
As a criminal defense attorney in Dallas, Attorney John Helms offers his unique perspective of the Paul Manafort sentencing on March 7th, 2019 and the implications of the sentence length. I am very troubled by the sentencing of Paul Manafort yesterday. According to the Federal Sentencing Guidelines, he should have received a sentence of at least 19 years. The 47-month sentence he received was roughly an 80 percent downward departure from the Sentencing Guidelines—a breathtaking departure for someone who did not plead guilty and who did not substantially assist the government by … [Read more...]
What Is the First Step Act?
Signed into law on December 21, 2018, the First Step Act aims to reduce the number of people incarcerated in the United States. Currently, there are about 2.2 million people in jails and prisons throughout the country. The First Step Act only applies to federal prisons, which hold around 181,000 people. Under the First Step Act, many people will be able to obtain an early release from prison. Additionally, the new law could also result in shorter sentences for individuals in the future. The Act represents one of the most significant changes in criminal justice reform over the past few … [Read more...]
Making a False Statement to Federal Agents
Just about everyone has heard the term “perjury,” which means lying under oath. In most cases, people picture someone telling a lie on the witness stand at a criminal trial. While that is undoubtedly a form of perjury, it’s also possible to run afoul of the law by lying to federal authorities during an investigation. In fact, making a false statement is a specific offense under federal law. The law makes it a crime to cover up evidence, make a fraudulent statement, or submit any kind of false writing or document with the knowledge that it’s fraudulent or untruthful. Any of these actions … [Read more...]
Criminal Trials: How Much Is Race A Factor In Jury Selection
I read with interest a recent opinion piece in the New York Times called, “Yes, Jury Selection Is As Racist As You Think. Now We Have Proof,” by Professor Ronald Wright of Wake Forest University Law School. The premise of the article is that African-Americans are removed from criminal jury panels at a greater rate than whites because they are more often the subject of “strikes,” also known as “peremptory challenges. These allow prosecutors and defense lawyers to “strike” potential jurors from being on the final jury for any reason except for race, gender, and other Constitutionally-protected … [Read more...]
Federal Drug Cases In Dallas, Fort Worth, Plano, and Sherman, Texas: How Can You Trust A Federal Agent or Prosecutor?
In federal drug cases, cooperating with the Government is often the best way for a defendant to reduce their sentence. Many defendants, however, have difficulty cooperating with the Government because they simply do not trust the Government. Experienced criminal defense lawyer John Helms explains in this article why trusting the Government should not be a barrier to cooperating. In the federal criminal justice system in Dallas, Fort Worth, Plano, and Sherman, Texas, defendants accused of drug trafficking or distribution face potentially severe penalties if they are convicted, including … [Read more...]
Follow-Up: Dallas Criminal Lawyer’s Perspective on Botham Jean Shooting in Dallas
Law Enforcement Is Not “Smearing” Botham Jean Dallas Criminal Defense Attorney and Former Federal Prosecutor John Helms has been a trial lawyer for more than 20 years and is uniquely positioned to evaluate cases from both sides– ensuring the best possible outcome for his clients. There is no doubt that the shooting of Botham Jean by an off-duty Dallas Police officer and his resulting death were horrible and tragic. Mr. Jean was shot to death in his own apartment by Dallas Police Officer Amber Guyger, who claims she mistakenly believed she was entering her own apartment and that Mr. Jean … [Read more...]
Dallas Criminal Lawyer’s Perspective on Dallas Cop Amber Guyger Story
Botham Jean, a 26-year-old unarmed black Caribbean man, was shot to death in his Dallas apartment on September 6, 2018, by a white female off-duty Dallas Police Officer named Amber Guyger. Mr. Jean was in his apartment doing nothing wrong. The case has gained national attention because of the unusual explanation by Ms. Guyger. She claims that she mistakenly thought Mr. Jean’s apartment was hers, and she mistakenly believed he was a burglar in her apartment. There is no question that Mr. Jean’s death was horribly tragic and never should have happened. Everyone agrees about that. There is … [Read more...]
Understanding State of Texas v. Roy Oliver
Former Prosecutor and highly experienced Dallas, Texas criminal defense lawyer John Helms shares unique insight into one of the country’s most high-profile cases involving the shooting of an unarmed African-American teenager by a police officer. He explains his belief that the guilty verdict and sentence in State of Texas v. Roy Oliver were just, even though both have been highly controversial. BACKGROUND ABOUT STATE OF TEXAS v. ROY OLIVER Last week, a Dallas County jury found former Balch Springs Police Officer Roy Oliver guilty of murder in the shooting death of a fifteen-year-old … [Read more...]
Do Police Need A Search Warrant To Search Vehicles In Your Driveway?
In many types of cases—especially drug and firearms cases—the police may want to search a vehicle parked in a suspect’s driveway. A recent United States Supreme Court holds that in most situations, they need a search warrant to do so. Experienced criminal defense lawyer John Helms explains why this is a victory for privacy. In Collins v. Virginia, a police officer had reason to believe that the defendant was in possession of a stolen motorcycle with an extended frame that was orange and black. The officer went to the defendant’s house and saw what appeared to be an extended-frame … [Read more...]
